Gordon against Ogilvy.

The Answer of Grizel Ogilvie, to the Appeal of John
Gordon of Auchanachy Esquire and his Trustee, was
this Day brought in:

Brereton against Brereton.

As was also, the Answer of Edward Brereton of Carlow, to the Appeal of Edward Brereton of Springmount
Esquire.

Lords take the Oaths.

The Lords following took the Oaths, and made and
subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the
Statutes:

Edward Duke of Somerset.

Evelyn Duke of Kingston.

Charles Marquis of Rockingham.

Henry Earl of Pembroke and Montgomery.

Basil Earl of Denbigh.

Other Lewis Earl of Plimouth.

John Earl of Loudoun.

John Earl of Breadalbane.

William Earl of Strafford.

William Earl of Dartmouth.

Heneage Earl of Aylesford.

John Earl of Portsmouth.

David Viscount Stormont.

Philip Lord Bishop of Norwich.

Anthony Lord Feversham.

E. of Bute against Earl Gower & al.

Ordered, That the Hearing of the Cause wherein
John Earl of Bute is Appellant, and Granville Earl
Gower and Sir Mathew Lamb Baronet, and others, are
Respondents, which stands appointed for Friday next,
be put off to Wednesday the 27th Instant.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned
with His Crown and Regal Ornaments, and attended by
His Officers of State (the Lords being in their Robes);
commanded the Gentleman Usher of the Black Rod to
let the Commons know, "It is His Majesty's Pleasure
they attend Him immediately, in this House:"

Who being come, with their Speaker;

His Majesty was pleased to speak as follows; (videlicet).

My Lords, and Gentlemen,

His Majesty's Speech, concerning a War with Spain.

"I have so often assured you of My sincere Disposition to put an End to the Calamities of War, and to
restore the Publick Tranquillity on solid and lasting
Foundations, that no impartial Person, either at
Home or Abroad, can suspect Me of unnecessarily
kindling a new War in Europe. But it is with Concern I acquaint you, that, since your Recess, I have
found Myself indispensably obliged to declare War
against Spain. The Causes are set forth in My Publick Declaration on this Occasion; and therefore I
shall not detain you with a Repetition of them. My
own Conduct since My Accession to the Throne, as
well as that of the late King My Royal Grandfather,
towards Spain, has been so full of Good-will and
Friendship, so averse to the laying Hold of several
just Grounds of Complaint, which might have been
alleged, and so attentive to the Advantages of the
Catholick King and His Family, that it was Matter
of the greatest Surprize to Me, to find that Engagements had, in this Conjuncture, been entered into
between that Crown and France, and a Treaty made
to unite all the Branches of the House of Bourbon in
the most ambitious and dangerous Designs, against
the Commerce and Independency of the rest of
Europe, and particularly of My Kingdoms.

"Whatever Colours may be endeavoured to be put
upon these injurious Proceedings of the Court of
Madrid, I have nothing to reproach Myself with; and
though I have left nothing untired, that could have
prevented this Rupture, I have thought it necessary
to prepare against every Event.

"I therefore rely on the Divine Blessing on the Justice
of My Cause, the zealous and powerful Assistance of
My faithful Subjects, and the Concurrence of My
Allies, who must find themselves involved in the pernicious and extensive Projects of My Enemies.

"I leave these Considerations with you; full of the
justest Confidence, that the Honour of My Crown,
and the Interests of My Kingdoms, are safe in your
Hands."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Order for an Address thereupon:

Ordered, That an humble Address be presented to
His Majesty, "To return Him the Thanks of this
House, for His most Gracious Speech from the
Throne:

"To express our thorough Conviction, that His
Majesty's Paternal Love of His People, and the Greatness and Goodness of His Royal Mind, have made
Him most sincerely desirous to put an End to the
Calamities of War, and to avoid the extending of it;
and to declare our Surprize and Indignation at the
injurious and unprovoked Proceedings of the Court
of Spain, so inconsistent with their solemn and repeated Professions of Amity, and so contrary to their
Treaties actually subsisting, and the true Interest,
not only of these Kingdoms, but also of that Nation.

"Thankfully to acknowledge His Majesty's Wisdom
and Vigilance, in taking Care to be prepared against
every Event; at the same Time that He left nothing
untried to prevent a Rupture.

"To assure His Majesty of the just Sense we have
of the ambitious, dangerous, and extensive, Designs
of the new Union formed between the several
Branches of the House of Bourbon; and that this
House, though far from any Views of encroaching upon or injuring any of our Neighbours, will,
with the utmost Zeal and Ardour, support His Majesty in repelling and suppressing the pernicious Effects
of this Union, and stand by and assist His Majesty,
with the greatest Chearfulness and Vigour, in prosecuting the War, until just and honourable Conditions of Peace can be obtained."

The Lords following were appointed a Committee, to
draw an Address, pursuant to the said Order; and
report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet
immediately, in the Prince's Lodgings near
the House of Peers; and to adjourn as they
please.

The House was adjourned during Pleasure; and the
Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported.

And the Lord Hay reported from the Committee, an
Address prepared by them, pursuant to the foregoing
Order.

And the same, being read by the Clerk, was agreed
to by the House, and is as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most Dutiful and Loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, beg Leave to return Your Majesty
our humble Thanks, for Your most Gracious Speech
from the Throne.

"We have had so many Proofs of Your Majesty's
Paternal Love of Your People, and of the Goodness
and true Greatness which inspire Your Royal Breast,
that we are fully convinced of Your Majesty's sincere
Desire to put an End to the Calamities of War; and
that Your Majesty has left nothing untried, in order
to avoid, if possible, the Necessity of extending it:
We cannot, therefore, but express the utmost Surprize and Indignation at the injurious and unprovoked Proceedings of the Court of Spain, which
have rendered ineffectual Your Majesty's salutary
Endeavours; and particularly at the late Engagements
entered into between that Crown and France, so inconsistent with their solemn and repeated Professions
of Amity, so contrary to the Treaties actually subsisting between Your Majesty and the Catholick King,
and so prejudicial, not only to the true Interest of
these Kingdoms, but also of the Spanish Nation
itself.

"With Hearts full of Gratitude, we acknowledge
Your Majesty's Wisdom and Vigilance for the Security of Your People, in taking effectual Care, at the
same Time that the preventing of a Rupture was the
great Object of Your Majesty's Attention, to be
prepared, however, and ready for every Event.

"Animated with the warmest Zeal for the Defence
of the Honour of Your Majesty's Crown, and the
undoubted Rights of Your People, though free from
any View of encroaching on those of other Nations;
we have a lively Sense of the Dangers which threaten
Your Majesty's Kingdoms, as well as the Commerce
and Independency of the rest of Europe, from the
ambitious and extensive Designs of the Confederacy
now formed between the several Branches of the
House of Bourbon: And we beseech Your Majesty to
accept the strongest and most affectionate Assurances, that we will, with the utmost Ardour, assist
and support Your Majesty in repelling and suppressing
the pernicious Effects, so greatly to be apprehended
from this Union; and that we will readily concur
in such Measures, as may enable Your Majesty to
prosecute the War with Vigour, until just and
honourable Conditions of Peace can be obtained."

Ordered, That the said Address be presented to His
Majesty by the whole House.

Ordered, That the Lords with White Staves do
wait on His Majesty, humbly to know when His Majesty
will please to be attended therewith.

Minutes of Elections of Scots Peers, delivered.

The Earl of Hardwicke acquainted the House, "That
the Earl of Morton, Lord Clerk Register of Scotland,
not being able to attend the House, by reason of his
ill State of Health, had desired him to lay before
the House, pursuant to their Lordships Order of the
14th of December last."

"Copy of the Minutes of the Election of the
Sixteen Peers for Scotland, 5th May, 1761."

"And also, Copy of the Minutes of the Election of
the Earl of Hyndford, as One of the Sixteen Peers
for Scotland, 12th August, 1761."

And his Lordship delivered in the same accordingly.

And the Titles thereof being read by the Clerk:

Ordered, That the said Copies do lie on the Table.

Waite's Guardians Petition referred to Judges.

Upon reading the Petition of the Reverend William
Hartopp Clerk, and Francis Ellaby Gentleman, on the
Behalf of Thomas Waite an Infant, for whom they are
Guardians; praying Leave to bring in a Bill, for Sale of
the Estate of the said Infant, in the Parish of Raynham,
in the County of Essex, for Payment of Debts, and discharging Encumbrances affecting the same; and for other
Purposes therein mentioned:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron
Smythe and Mr. Baron Gould; who are forthwith to
summon all Parties concerned in the Bill; and, after
hearing them, are to report to the House the State of
the Case, with their Opinion thereupon, under their
Hands, and whether all Parties who may be concerned
in the Consequences of the Bill have signed the Petition;
and also that the Judges, having perused the Bill, do
sign the same.

Ward against Browne:

The House being informed, "That Dominick Roche
attended, with Copies of Pleadings and Proceedings
relating to a Cause depending in this House, wherein
James Ward is Appellant, and Thomas Browne and
others are Respondents:"

Pleadings proved.

He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies, he
having examined them with the Originals in the
proper Offices in Ireland."

Ld. Kinnaird against Hunter.

Upon reading the Petition and Appeal of Charles
Lord Kinnaird; complaining of Two Interlocutors of
the Lords of Session in Scotland, of the 26th of November, and 16th of December, 1761; and praying,
"That the same may be reversed, varied, or altered,
or that the Appellant may have such other Relief in
the Premises, as to this House in their Lordships
great Wisdom shall seem just; and that James Hunter,
Tenant in Inchture, may be required to answer the
said Appeal:"

It is Ordered, That the said James Hunter may
have a Copy of the said Appeal; and do put in his
Answer thereunto, in Writing, on or before Wednesday
the 17th Day of February next; and Service of this
Order upon his known Counsel or Agents in the Court
of Session in Scotland shall be deemed good Service.

King against Sir Edw. King:

Upon reading the Petition of Henry King Esquire,
Appellant in a Cause depending in this House, wherein
Sir Edward King Baronet is Respondent; praying, "In
regard the Petitioner and the Respondent his Brother
have most happily accommodated all Matters in Difference between them, that he may be at Liberty to
withdraw his said Appeal; the Respondent's Agent
having signed the said Petition, as consenting
thereto:"

Appeal withdrawn.

It is Ordered, That the Appellant be at Liberty to
withdraw his said Appeal, as desired.

Respondents peremptorily to answer Ward's Appeal.

The House was informed, "That Thomas Browne and
others, Respondents to the Appeal of James Ward,
had not put in their Answer to the said Appeal,
though duly served with the Order of this House for
that Purpose."

And thereupon, an Affidavit of Dominick Roche of
the City of Dublin Gentleman, of the due Service of
the said Order, being read:

It is Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily, in a
Week.

The House being informed, "That Thomas Coffy attended, in order to deliver in Copies of Pleadings
and Proceedings relating to Three Causes depending
in this House; in one of which, Charles Davys Esquire
is Appellant, and Michael Howard and his Wife are
Respondents; in another, Robert Hamilton is Appellant, and the Earl of Clanrickard is Respondent; and
in the Third, Anderson Baker and others are Appellants, and Stafford Lightburne and others are Respondents:"

Pleadings proved.

He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies, he
having examined them with the Originals in the
proper Offices in Ireland."

And then he was directed to withdraw.

His Majesty to be attended with Address.

The Lord Steward reported, "That the Lords with
White Staves had (according to Order) waited on
(fn. 1) His Majesty, humbly to know what Time He would
please to be attended with their Lordships Address;
and that His Majesty was pleased to appoint this Day,
at Two o'Clock, at His Palace of St. James."

Baker & al. against Lightburne & al.

Ordered, That the Hearing of the Cause wherein
Anderson Baker and others are Appellants, and Stafford
Lightburne and others Respondents, which stands appointed for Monday next, be put off to the Friday following.

The King's Answer to Address reported.

The Lord Mansfield reported, "That the House did,
on Wednesday last, present their Address to His Majesty; to which His Majesty was pleased to return
the following most Gracious Answer:

"My Lords,

"I return You My hearty Thanks for this Address.
The affectionate Assurances you give Me, of your Support and Assistance in the vigorous Prosecution of this
necessary War, are very agreeable to Me; and cannot fail of producing the most salutary Effects."

Ordered, That the said Address and Answer be
forthwith printed and published.

E. of Egremont's Bill: Motion to dispense with the Standing Order.

The House was moved, "That the Standing Order of
this House, in relation to Bills for selling Lands in
one Place, and buying Lands in another, may be so
far dispensed with, as that the Committee to whom
the Bill, intituled, "An Act for Sale of certain
Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, Marston, or Nunny, in the
County of Somerset, devised and limited by the Will
of Sir William Wyndham Baronet, deceased; and for
laying out the Money arising by such Sale in the
Purchase of other Lands and Hereditaments, to be
settled to the same Uses, except as therein mentioned," may proceed upon the said Bill, though
there is not an Agreement yet made for the Purchase
of another Estate, to be settled in Lieu of that to be
sold, as required by the said Order."

Ordered, That the said Motion be taken into Consideration on Wednesday next; and the Lords to be summoned.

Wilson to enter into a Recognizance on Ld. Kinnaird's Appeal.

The House being moved, "That John Wilson of The
Middle Temple London may be permitted to enter
into a Recognizance for Charles Lord Kinnaird, on
account of his Appeal depending in this House; he
living in Scotland:"

It is Ordered, That the said John Wilson may enter
into a Recognizance for the said Appellant, as desired.

Lords take the Oaths.

The Lords following took the Oaths, and made and
subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the
Statutes.

William Lord Bishop of Gloucester.

John Lord Bishop of Lincoln.

Thomas Lord Bishop of Bristol.

Edward Lord Wentworth.

To charge Annuities on the Sinking Fund, Bill.

A Message was brought from the House of Commons,
by Mr. Alderman Dickinson and others:

With a Bill, intituled, "An Act for charging certain
Annuities granted in the Year One Thousand Seven
Hundred and Sixty, on the Sinking Fund; and for
carrying the Duties therein mentioned to the said
Fund; and for making forth Duplicates of Exchequer
Bills, Tickets, Certificates, Receipts, Annuity Orders,
and other Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this
House.

Phillimore's Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting a Piece or Pieces of Ground in Kensington, in the
County of Middlesex, Part of the settled Estate of
Robert Phillimore Gentleman, in Trustees, to be sold;
and for applying the Money arising by such Sale in
the Purchase of Lands, Tenements, and Hereditaments,
to be settled and limited to the like Uses as the said
Ground now stands settled," was committed; "That
they had considered the said Bill, and examined the Allegations thereof, which were found to be true;
that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and
that the Committee had gone through the Bill, and
directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Minutes of Elections of Scots Peers read;

The Copy of the Minutes of the Election of the Sixteen Peers for Scotland, on the 5th of May 1761, was
in Part read.

And it appearing thereby, "That a Person taking
upon himself the Title of Earl of Monteith was present, and voted at the said Election:"

Graham, styling himself E. of Monteith, to attend.

Ordered, That William Graham, taking upon himself the Title of Earl of Monteith, do attend the Lords
Committees for Privileges, appointed to consider of, and
make up, a List of the Peers of Scotland at the Time of
the Union, whose Peerages are still continuing, by
himself or some Person properly authorized for him, on
Monday the First Day of March next, to shew by what
Authority, and upon what Grounds, he takes upon
himself the said Title; and that the Lord Clerk Register
of Scotland do cause a Copy of this Order to be affixed
upon the Gate of the Palace of Holyrood House, and also
upon the Doors of the Parliament House in Edinburgh.

Bp. Landaff to preach on the Fast-day.

Ordered, That the Lord Bishop of Landaff be, and
he is hereby, desired to preach before this House, in the
Abbey Church, Westminster, on Friday the 12th Day of
March next; being appointed, by His Majesty's Royal
Proclamation, to be observed as a general Fast.

E. of Egremont & al. Bill:

The Order of the Day was read, for taking into Consideration the Motion made on Friday last, for dispensing with the Standing Order, in relation to Bills for
selling Lands in one Place, and buying Lands in another,
so far as that the Committee to whom the Bill, intituled,
"An Act for Sale of certain Lands, Tenements, and
Hereditaments, in the Parishes of Witham, Frary,
Marston, or Nunney, in the County of Somerset, devised and limited by the Will of Sir William Wyndham
Baronet, deceased; and for laying out the Money
arising by such Sale in the Purchase of other Lands
and Hereditaments, to be settled to the same Uses, except as therein mentioned," stands committed, may
proceed on the said Bill, notwithstanding there is not an
actual Agreement yet made for the Purchase of other
Lands, to be settled in Lieu of those to be sold, as required by the said Order.

And Consideration being had thereof accordingly:

Standing Order dispensed with.

Ordered, That the said Standing Order be dispensed with in this Case; and that the Committee upon
the said Bill be revived; and meet To-morrow.

Peerage of the E. of Cassillis; Report of Committee Privileges:

The Lord Willoughby of Parham reported from the
Lords Committees for Privileges, to whom it was referred to consider of the Petition of William Earl of March
and Ruglen, claiming the Titles and Honours of Earl of
Cassillis and Lord Kennedy; and also the Petition of Sir
Thomas Kennedy of Colzean Baronet, claiming the same
Titles and Honours; with His Majesty's Reference thereof
to this House: "That the Committee had met, and
considered the Matter to them referred; and have
heard Counsel for the Petitioners, upon their respective
Claims; and, after Debate, and full Consideration
had of what was offered and produced in Evidence by
the Counsel on either Side, their Lordships are of
Opinion, that the Petitioner Sir Thomas Kennedy hath
a Right and Title to the Honour and Dignity of Earl
of Cassillis, as Heir Male of the Body of David the
First Earl of Cassillis; and that he hath also a Right
and Title to the Honour and Dignity of Lord Kennedy, as Heir Male of the Body of Gilbert the First
Lord Kennedy."

Which Report, being read Twice by the Clerk, was
agreed to by the House.

Resolution that Sir T. Kennedy has a Right to the Title.

Resolved and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the Petitioner
Sir Thomas Kennedy hath a Right and Title to the Honour and Dignity of Earl of Cassillis, as Heir Male of the
Body of David the First Earl of Cassillis; and that he
hath also a Right and Title to the Honour and Dignity
of Lord Kennedy, as Heir Male of the Body of Gilbert
the First Lord Kennedy.

Ordered, That the said Resolution and Judgement
be laid before His Majesty, by the Lords with White
Staves.

E. of Bute against Earl Gower & al.

After hearing Counsel in Part, in the Cause wherein
John Earl of Bute is Appellant, and Granville Levison
Earl Gower and Sir Mathew Lamb Baronet and others
are Respondents:

It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow.

Respondents peremptorily to answer Plunkett's Appeal.

The House was informed, "That Arthur Plunkett,
John Knox, William Knox, Roger Palmer, and Josiah
Richardson, Respondents to the Appeal of James
Plunkett Esquire, had not put in their Answer to the
said Appeal, though duly served with the Order of
this House for that Purpose."

And thereupon an Affidavit of John Dowdall of the
City of Dublin Gentleman, of the due Service of the
said Order, being read:

Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily, in a
Week.

Respondents peremptorily to answer Davys's Appeal.

The House was also informed, "That Michael Howard
and Alice his Wife, Respondents to the Appeal of
Charles Davys Esquire, had not put in their Answer
to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Charles Gillespie of the
City of Dublin Gentleman, of the due Service of the
said Order, being read:

Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily, in a
Week.

Respondent peremptorily to answer Hamilton's Appeal.

The House was also informed, "That Smith Earl of
Clanrickard, Respondent to the Appeal of Robert
Hamilton Gentleman, had not put in his Answer to
the said Appeal, though duly served with the Order
of this House for that Purpose."

And thereupon an Affidavit of John Burke of the City
of Dublin Gentleman, of the due Service of the said
Order, being read:

Ordered, That the said Respondent do put in
his Answer to the said Appeal, peremptorily, in a
Week.

Respondent peremptorily to answer Hamilton's amended Appeal.

The House was also informed, "That Peter Kilkenny,
Respondent to the amended Appeal of the said Robert
Hamilton, had not put in his Answer to the said Appeal, though duly served with the Order of this
House, for that Purpose."

And thereupon an Affidavit of John Lynch of the City
of Dublin, of the due Service of the said Order, being
read:

Ordered, That the said Respondent do put in
his Answer to the said amended Appeal, peremptorily,
in a Week.

Ld. Bolingbroke's Pet. referred to Judges.

Upon reading the Petition of Frederick Viscount
Bolingbroke, for himself and on the Behalf of George St.
John his only Son, and of John St. John his Youngest
Brother, both Infants, and also of Henry St. John Esquire, the other Brother of the said Frederick Viscount
Bolingbroke; praying Leave to bring in a Bill, for discharging certain Estates in Kent and Surry, from the
Uses and Trusts of a former Act of Parliament; and for
re-settling the same upon the same Uses and Trusts to
which they respectively stood limited before the passing
of the said Act:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice Clive;
who are forthwith to summon all Parties concerned in
the Bill; and, after hearing them, are to report to the
House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who
may be concerned in the Consequences of the Bill have
signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mellish's Petition referred to Judges.

Upon reading the Petition of William Mellish, Charles
Mellish, and Joseph Mellish, Esquires; praying Leave to
bring in a Bill, for Sale of certain Estates therein
mentioned, entailed by the Will of Edward Mellish
Esquire, deceased; and for laying out the Money
arising thereby in the Purchase of other Lands and Hereditaments, to be settled and entailed in like Manner, in
Lieu thereof:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Clive and Mr. Baron Smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the
Case, with their Opinion thereupon, under their Hands,
and whether all Parties who may be concerned in the
Consequences of the Bill have signed the Petition; and
also that the Judges, having perused the Bill, do sign
the same.

E. of Egremont & al. Bill.

The Lord Willoughby of Parham reported from the
Lords Committees to whom the Bill, intituled, "An
Act for Sale of certain Lands, Tenements, and
Hereditaments, in the Parishes of Witham, Frary,
Marston, or Nunny, in the County of Somerset, devised
and limited by the Will of Sir William Wyndham Baronet, deceased; and for laying out the Money arising
by such Sale in the Purchase of other Lands and
Hereditaments, to be settled to the same Uses, except
as therein mentioned," was committed: "That they
had considered the said Bill, and examined the Allegations thereof, which were found to be true; that
the Parties concerned had given their Consents, to the
Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him
to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Harrington & Ux. Petition referred to Judges.

Upon reading the Petition of William Earl of Harrington and Caroline Countess of Harrington his Wife,
for themselves and on the Behalf of their Six Younger
Infant Children, Lady Carolina Stanhope, Lady Isabella
Stanhope, Lady Amelia Stanhope, Lady Henrietta Stanhope, the Honourable Henry Fitz Roy Stanhope, and Lady
Anna Maria Stanhope; praying Leave to bring in a Bill,
for rectifying a Mistake in the Name of One of the
Trustees in the Settlement made upon the Petitioner's
Intermarriage:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Clive and
Mr. Justice Wilmot; who are forthwith to summon all
Parties concerned in the Bill; and, after hearing them,
are to report to the House the State of the Case,
with their Opinion thereupon, under their Hands; and
whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also
that the Judges, having perused the Bill, do sign the
same.

Phillimore's Bill:

Hodie 3avice lecta est Billa, intituled, "An Act
for vesting a Piece or Pieces of Ground in Kensington,
in the County of Middlesex, Part of the settled Estate
of Robert Phillimore Gentleman, in Trustees, to be
sold; and for applying the Money arising by such
Sale in the Purchase of Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses
as the said Ground now stands settled."

The Question was put, "Whether this Bill shall
pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by
Mr. Bennett and Mr. Edwards:

To carry down the said Bill, and desire their Concurrence thereto.

Sunderland against Rawlinson:

Upon reading the Petition of William Rawlinson, Defendant in a Writ of Error depending in this House,
wherein John Sunderland is Plaintiff; praying, "In regard the said Writ of Error is brought merely for
Delay, and that the Plaintiff hath not assigned Errors within the Time limited by the Standing Order
of this House for that Purpose; that the same may be
Non pros'd, with such Costs as to their Lordships
shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the Petitioner do forthwith
enter a Non pros. on the said Writ of Error, as desired;
and that the Record be remitted to the Court of King's
Bench, to the End Execution may be had upon the
Judgement given by that Court, as if no such Writ of
Error had been brought into this House; and further,
that the Plaintiff in Error do pay, or cause to be paid,
to the Defendant in Error, the Sum of Twenty Pounds,
for his Costs by reason of the Delay of the Execution
of the said Judgement.

Boyd, Leave for a Bill:

After reading, and considering, the Report of the
Judges to whom was referred the Petition of John
Boyd Esquire; praying Leave to bring in a Private
Bill:

It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1avice lecta est Billa, intituled, "An Act
for vesting a Rent Charge in Fee Simple in Trustees,
for the Benefit of certain poor Families, described in
the Will of John Styleman, deceased, in Lieu of a
Moiety of certain Lands and Hereditaments devised
by the same Will, for the Benefit of the said poor
Families; and for vesting the said Moiety in Fee Simple in John Boyd Esquire and his Heirs."

Annuities, 1760, to charge on the Sinking Fund, Bill.

Hodie 1avice lecta est Billa, intituled, "An Act
for charging certain Annuities granted in the Year
One Thousand Seven Hundred and Sixty on the
Sinking Fund; and for carrying the Duties therein
mentioned to the said Fund; and for making forth
Duplicates of Exchequer Bills, Tickets, Certificates,
Receipts, Annuity Orders, and other Orders, lost,
burnt, or otherwise destroyed."

E. of Bute against Earl Gower & al.:

After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of the Right Honourable John Earl of Bute; complaining of a Decree
of Dismission of the Court of Chancery, of the 23d Day
of November 1761; and praying, "That the same
might be reversed; and that this House would be
pleased to grant the Appellant such other Relief as
to their Lordships in their great Wisdom should seem
meet:" As also upon the Answer of the Honourable
James Archibald Stuart, an Infant, by the Right Honourable George Lord Melcombe his Guardian, and the Answer of Edward Wortley Esquire, and likewise the
Answer of the Right Honourable Granville Levison Earl
Gower and Sir Mathew Lamb Baronet, put in to the
said Appeal; and due Consideration had of what was
offered on both Sides in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said Decree therein complained
of be, and the same is hereby, affirmed.

Baker & al. against Lightburne & al.

Ordered, That the Cause wherein Anderson Baker
is Appellant, and Stafford (fn. 2) Lightburne Clerk and others
are Respondents, which stands for hearing To-morrow,
be put off till Wednesday next.

Lords take the Oaths.

This Day Richard Earl of Scarbrough and Richard
Lord Bishop of Carlisle took the Oaths, and made and
subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Elvaston and Thulston Common, Bill.

A Message was brought from the House of Commons,
by Mr. Onslow and others:

With a Bill, intituled, "An Act for establishing
and confirming certain Articles of Agreement, for
dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston
and Thulston, in the County of Derby;" to which they
desire the Concurrence of this House.

The said Bill was read the First Time.

E. of Egremont's Bill:

Hodie 3avice lecta est Billa, intituled, "An Act
for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, Marston, or
Nunny, in the County of Somerset, devised and limited
by the Will of Sir William Wyndham Baronet, deceased; and for laying out the Money arising by such
Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses, except as therein
mentioned."

The Question was put, "Whether this Bill shall
pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons,
by Mr. Montague and Mr. Lane:

To carry down the said Bill, and desire their Concurrence thereto.

Annuities, 1760, to charge on the Sinking Fund, &c. Bill.

Hodie 2avice lecta est Billa, intituled, "An Act for
charging certain Annuities, granted in the Year One
Thousand Seven Hundred and Sixty, on the Sinking
Fund; and for carrying the Duties therein mentioned
to the said Fund; and for making forth Duplicates of
Exchequer Bills, Tickets, Certificates, Receipts,
Annuity Orders, and other Orders, lost, burnt, or
otherwise destroyed."

Ordered, That the said Bill be committed to a
Committee of the whole House.

Ordered, That the House be put into a Committee
upon the said Bill, on Wednesday next.

Ord's Pet. referred to Judges.

Upon reading the Petition of Ann Ord Widow, in
Behalf of herself and John Ord and Craven Ord her
Infant Sons, by Henry Ord her late Husband, deceased;
praying Leave to bring in a Bill, for Sale of a settled
Estate at Igborough, in the County of Norfolk; and for
laying out the Money arising thereby in the Purchase
of another Estate, to be settled to the same Uses, in Lieu
thereof:

It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron Adams;
who are forthwith to summon all Parties concerned in
the Bill; and, after hearing them, are to report to
the House the State of the Case, with their Opinion
thereupon, under their Hands, and whether all Parties
who may be concerned in the Consequences of the Bill
have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

D. of Hamilton's Claim to the Earldom of Angus.

The Earl of Bute (by His Majesty's Command) presented to the House a Petition of George James Duke of
Hamilton and Brandon to His Majesty, claiming the
Honour and Dignity of Earl of Angus; with His Majesty's Reference thereof to this House.

And the same were read, by the Clerk, and are as
follow:

"To the King's Most Excellent Majesty.

"The humble Petition of George James Duke
of Hamilton and Brandon;

"Sheweth,

"That, on the Death of Archibald late Duke of
Douglass, Your Petitioner became entitled to the
Honour and Dignity of Earl of Angus; notwithstanding which Dunbar Earl of Selkirk and Archibald Stewart Esquire claim Title thereto.

"Your Petitioner therefore most humbly
prays Your Majesty will be most graciously pleased to give the proper Directions for having Your Petitioner's Right
to the said Honour and Dignity declared
and established.

"And Your Petitioner shall ever pray, &c.

"Hamilton & Brandon."

"St. James's, January 8th, 1762.

"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioner's
Title herein mentioned; and to inform His Majesty
how the same shall appear to their Lordships.

"Bute."

Ordered, That the said Petition and Reference be
referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the
House.

Fleming's Claim to the Earldom of Wigtoun.

The Earl of Bute also (by His Majesty's Command)
presented to the House a Petition of Charles Ross
Fleming, claiming the Title and Dignity of Earl of
Wigtoun; and His Majesty's Reference thereof to this
House.

And the same were read, by the Clerk, as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Charles Ross Fleming,
claiming the Title and Dignity of Earl of
Wigtoun;

"Sheweth,

"That, in the Year 1606, John Lord Fleming obtained, by Patent from King James the Sixth, the
Title and Dignity of Earl of Wigtoun, descendable to
the Heirs Male of his Body.

"That the said Dignity descended lineally in the
Male Line to Charles Earl of Wigtoun, lately deceased,
who left no Issue.

"That, the Petitioner being the nearest Heir Male
now existing, descended of the Body of John the
First Earl of Wigtoun, he most humbly apprehends he
is entitled to the said Dignity.

"The Petitioner therefore most humbly prays,
that the said Title and Dignity of Earl
of Wigtoun and Lord Fleming may be declared to belong to him and to the Heirs
Male of his Body.

"And the Petitioner shall ever pray, &c.

"Charles Ross Fleming."

"St. James, January 27th, 1762.

"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioner's
Title therein mentioned; and to inform His Majesty
how the same shall appear to their Lordships.

"Bute."

Ordered, That the said Petition and Reference be
referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the
House.

Borthwick's Claim to the Barony of Borthwick.

The Earl of Bute also (by His Majesty's Command)
presented to the House a Petition of Henry Borthwick,
claiming the Title and Dignity of Lord Borthwick; and
His Majesty's Reference thereof to this House.

And the same were read, by the Clerk, as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Henry Borthwick,
claiming the Title and Dignity of Lord
Borthwick;

"Sheweth,

"That it appears, from ancient Writings, and from
the Records and most authentick History of Scotland,
that Sir William Borthwick was created Lord Borthwick between the Year 1424 and 1430, long before
any Patents of Honour were in Use; and as, by the
Law of Scotland, these ancient Peerages have been considered as Male Fiess, descending to the Heirs Male
of the Person first enobled; so this Title of Honour
descended lineally from Father to Son to John the
Ninth Lord Borthwick; who dying without Issue, in
the Year 1672, the Title thereby devolved on the
Heir Male of Alexander Borthwick of Nenthorn, who
was Second Son of William the Third Lord Borthwick.

"That it will appear, by the most indisputable Evidence, that the Petitioner is the nearest and lawful
Heir Male of the said John the Ninth Lord Borthwick,
descended of the said Alexander Borthwick of Nenthorn, the Second Son of William the Third Lord
Borthwick, who was Grandson of the Person first
enobled; and as such is entitled to the said Dignity.

"The Petitioner therefore most humbly prays,
that the Title and Dignity of Lord
Borthwick may be declared to belong to
the Petitioner and his Heirs Male.

"And your Petitioner shall ever pray, &c.

"Henry Borthwick."

"St. James's, January 27th, 1762.

"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same to the Right Honourable the House of Peers; to examine the Allegations thereof as to what relates to the Petitioner's
Title therein mentioned; and to inform His Majesty
how the same shall appear to their Lordships.

"Bute."

Ordered, That the said Petition and Reference be
referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the
House; and that their Lordships do meet, to take the
same into Consideration, on Monday the First Day of
March next; and that Notice thereof be given to His
Majesty's Attorney General and His Majesty's Advocate for Scotland.

Papers relating to the Rupture with Spain delivered.

The Earl of Egremont (by His Majesty's Command)
presented to the House, Extracts and Copies of Letters,
and other Papers, relating to the late Rupture with
Spain; with a List thereof.

Which was read; as follows:

"1. Extract of a Letter from Mr. Pitt to the Earl of
Bristol, dated July 28th, 1761; enclosing,

"Copy of a Memorial relating to Spain, delivered
to Mr. Pitt by M. de Bussy, July 23d, 1761;
and Translation.

"Copy of a Letter from Mr. Pitt to M. de Bussy;
dated July 24th, 1761; and Translation."

"2. Extract of a Letter from the Earl of Bristol to
Mr. Pitt, dated Segovia, August 31st, 1761; received
September 11th; enclosing,

"Paper marked A. and Translation.

"Paper marked B. (Copy.)

"Translation of a Paper delivered to the Earl of
Bristol, by General Wall, at St. Ildephonso,
August 28th, 1761, marked C."

"3. Copy of a Letter from the Earl of Bristol to
Mr. Pitt, dated Segovia, September 14th, 1761; received October 5th."

"4. Copy of a Letter from the Earl of Bristol to
Mr. Pitt, dated Segovia, September 21st, 1761; received October 16th."

"5. Copy of a Letter from the Earl of Bristol to Mr.
Pitt, dated Segovia, September 28th, 1761; received
October 20th."

"6. Copy of a Letter from the Earl of Bristol to Mr.
Pitt, dated Segovia, October 5th, 1761; received October 27th."

"7. Copy of a most Secret Letter from the Earl of
Egremont to the Earl of Bristol, dated October 28th,
1761."

"8. Copy of a Letter from the Earl of Egremont to
the Earl of Bristol, dated October 28th, 1761; Secret
and Confidential."

"9. Copy of a Letter from the Earl of Egremont to
the Earl of Bristol, dated October 28th, 1761; Separate and Secret."

"10. Copy of a Letter from the Earl of Bristol to
Mr. Pitt, dated Escurial, October 12th, 1761; received November 8th."

"11. Copy of a Letter from the Earl of Bristol to
the Earl of Egremont, dated Escurial, November 2d,
1761; received November 14th."

"12. Copy of a Letter from the Earl of Egremont to
the Earl of Bristol, dated November 19th, 1761."

"13. Copy of a Letter from the Earl of Egremont
to the Earl of Bristol, dated November 19th, 1761;
most Secret."

"14. Copy of a Letter from the Earl of Egremont to
the Earl of Bristol, dated November 19th, 1761; Separate and Secret."

"15. Copy of a Letter from the Earl of Bristol to the
Earl of Egremont, dated Escurial, November 9th, 1761;
received December 3d."

"16. Copy of a Letter from the Earl of Bristol to the
Earl of Egremont, dated Madrid, November 16th, 1761;
received December 8th."

"17. Copy of a Letter from the Earl of Bristol to
the Earl of Egremont, dated Madrid, November 23d,
1761; received December 14th."

"18. Copy of a Paper delivered by the Count de
Fuentes to the Earl of Egremont, December 21st, 1761;
and Translation."

"19. Copy of a Letter from the Earl of Egremont to
the Earl of Bristol, dated December 22d, 1761."

"20. Copy of a Letter from the Earl of Bristol to
the Earl of Egremont, dated Madrid, December 11th,
1761; received December 24th; enclosing,